Opinion
6 Div. 344.
June 30, 1960. Rehearing Denied September 15, 1960.
Appeal from the Circuit Court, Jefferson County, W. A. Jenkins, Jr., J.
Locke Locke, Birmingham, for appellant.
Earl D. Hendon, Birmingham, for appellees.
Appellant filed a bill of complaint in the Circuit Court of Jefferson County, in Equity. The bill prayed for a decree setting aside a prior decree of said court. Numerous pleas, motions, demurrers, and amendments to the bill were filed by the respective parties.
On June 3, 1958, the court rendered a decree sustaining demurrer to the "amendment to the bill of complaint," dismissing "the bill of complaint" with prejudice, and taxing the costs against appellant. On July 3, 1958, appellant filed a motion for a rehearing of the decree of "June 3, 1958, sustaining the demurrers * * * and dismissing the cause * * *," and the chancellor set the motion for hearing on July 11, 1958. On August 13, 1958, the court rendered a decree denying the motion for rehearing.
Thereafter appellant filed security:
"* * * for all costs of appeal to the Supreme Court of Alabama, from the Decree rendered in the above entitled Cause on the 13 day of August 1958; * * *"
The citation of appeal calls upon appellees to defend the appeal "* * * from the decree rendered on the 13th day of August, 1958 * * *"
The certificate of the register recites that appellant "* * * has taken an appeal from the Decree of said Court rendered on to-wit, August 13, 1958, to the Supreme Court of Alabama."
It is unmistakably clear that the instant appeal is from the decree of August 13, 1958, which is a decree overruling a motion for rehearing in equity.
We have no alternative but to dismiss the appeal for want of jurisdiction.. It has been held consistently that no appeal will lie from a decree overruling a motion for a rehearing in equity. Ogle v. Ogle, 270 Ala. 201, 117 So.2d 191, and numerous authorities there cited.
Appeal dismissed.
LIVINGSTON, C. J., and LAWSON, STAKELY, GOODWYN and MERRILL, JJ., concur.